Sulla pluralità delle domande e sulla conversione delle azioni nel processo amministrativo. Sostegno dogmatico al contributo di giurisprudenza

Abstract

It is a general rule of the administrative appeal process that the appeal has as its object only one provision and that the defects-motives are strictly correlated to the latter. This rule can be derogated only in the cases in which the knowledge, in the same trial, of the legitimacy of more provisions is imposed by the need to concentrate, in a single recognition, the appreciation of the correctness of the administrative action object of the appeal, when this is censured in its functional complexity and, above all, for aspects that fundamentally invalidate its regularity and that transversally affect the different, but connected, sequences of acts. In this logic that expresses the tension, towards the simultaneus processus, of the common legal system and in particular of the administrative one, the institution of the 'cumulation of requests' must be framed.